Deed of Sale Checklist: What to Check Before Signing

Short answer: Before signing a deed of absolute sale, confirm five things: the title is genuine and clean at the Registry of Deeds; the person signing is the registered owner or holds written authority; the seller’s spouse consents if the property belongs to the marriage; the land on the ground matches the technical description on the title; and the deed states the price, payment terms and who pays each tax. Once a notarized deed is signed, it generally counts as delivery of the property (Civil Code, Art. 1498), so problems discovered afterwards are much harder and slower to fix.

This page is the single checklist. Each step links to a detailed guide in the Sales and Property Purchases hub. If you have not yet agreed on whether you are signing a deed of sale or a contract to sell, start with contract of sale vs contract to sell, because the checklist below assumes ownership will pass on signing.

Why check before signing rather than after?

A sale is perfected by agreement on the thing and the price (Art. 1475), and executing the sale in a public instrument is equivalent to delivery unless the deed itself shows otherwise (Art. 1498). After that point the buyer is usually the owner, and the remaining protection lies in the seller’s warranties against eviction (Art. 1548) and hidden defects (Art. 1561) and in court actions that take time and money. Every item below is cheaper to verify than to litigate.

The pre-signing checklist

#	Check	What to get or do	Why it matters
1	The title is genuine	A certified true copy of the TCT or CCT from the Registry of Deeds, compared page by page with the owner’s duplicate the seller shows you	A fake or altered owner’s duplicate is a known fraud risk, and only the Registry of Deeds copy shows the current record. See how to verify a land title.
2	The title is clean	Read the memorandum of encumbrances for mortgages, adverse claims, notices of lis pendens, levies and attachments	A buyer takes registered land subject to what is annotated. See checking liens and adverse claims.
3	The seller is the owner	Government IDs that match the registered owner’s name exactly; if an agent signs, an original special power of attorney	A sale of land through an agent is void unless the agent’s authority is in writing (Art. 1874). See verifying the seller.
4	The spouse consents	The seller’s marriage certificate or CENOMAR, and the spouse’s signature on the deed where the property was acquired during the marriage	A sale of community or conjugal property by one spouse without the other’s consent is void (Family Code, Arts. 96 and 124).
5	The owner is alive and the estate is settled	If the registered owner has died: the settlement of estate, proof of publication and the signatures of all heirs	Heirs left out can later attack the sale. See selling before the estate is settled.
6	Taxes are paid	The latest tax declaration and a real property tax clearance from the local treasurer	Unpaid real property tax follows the property and delays transfer.
7	The land matches the paper	A site inspection, a check for occupants, and a relocation survey by a licensed geodetic engineer against the technical description	Missing area, encroachments and occupants are found on the ground, not on the title. See land area discrepancies.
8	No transfer restriction applies	For agrarian reform land, check the CLOA or emancipation patent restrictions; for subdivision or condominium units, check the developer’s license to sell and association clearances	Under RA 6657, Sec. 27, land acquired by agrarian reform beneficiaries may not be sold for ten years except through hereditary succession or to the government, the Land Bank or other qualified beneficiaries. Ask the DAR provincial office whether later rules affect the specific land.
9	The deed says what was agreed	Review the draft deed (see the clause list below)	Gaps in the deed become disputes after signing.
10	Money moves against documents	Pay the balance against the signed deed and the owner’s duplicate title, using a manager’s check or escrow rather than cash	See when to release payment and the purchase timeline.

What should the deed of absolute sale contain?

The parties: full names, citizenship, civil status, addresses and, for married sellers, the spouse’s name and conformity.
The property: the title number, tax declaration number and technical description copied exactly from the title.
The price: the amount, how and when it is paid, and an acknowledgment of what has already been received.
Taxes and fees: who pays capital gains tax, documentary stamp tax, local transfer tax, registration fees and any unpaid real property tax. See who pays the taxes and fees.
Delivery: when the owner’s duplicate title, keys and possession are turned over.
Warranties: that the property is free of liens and occupants except those disclosed.
Signatures and notarization: signed by all owners and the conforming spouse before a notary, with competent evidence of identity.

Red flags that should stop the signing

The seller has only a photocopy of the title, or says the owner’s duplicate was recently lost or reconstituted.
The name on the title, the tax declaration and the seller’s ID do not match.
The registered owner has died and not all heirs are signing.
An agent signs under a special power of attorney that is a photocopy, or was executed abroad without consular authentication or an apostille.
The title carries an adverse claim, lis pendens or levy that the seller cannot explain or cancel before closing.
Someone other than the seller occupies the property.
The price is far below market and the seller insists on cash without receipts.

What happens after signing?

The buyer, or whoever the deed makes responsible, files and pays the national taxes with the BIR to obtain the eCAR, pays the local transfer tax, registers the deed with the Registry of Deeds to obtain a new title, and updates the tax declaration with the local assessor. Registration is what protects the buyer against later claims by third parties. See how long title transfer takes.

Your options and what to do next

What you do depends on where you are in the purchase and what the checklist turned up.

Your situation	What to do	Where to go
Every check is clear	Sign the notarized deed, pay against the deed and owner’s duplicate, then pay the taxes and register the deed promptly	Notary public, BIR, local treasurer, Registry of Deeds
A check failed but can be cured	Do not sign yet; put the cure in writing (cancel the mortgage, get the spouse’s or heirs’ signatures, settle the estate) and set a closing date after it is done	Seller, the mortgagee bank, Registry of Deeds
A check failed and cannot be cured	Walk away and ask for the return of any earnest money or reservation fee in writing, citing your written agreement	Seller first; barangay or court if refused
You already signed and found a problem	Gather the deed, receipts and title, send a written demand to the seller, and get legal advice on the warranties against eviction or hidden defects (Arts. 1548 and 1561)	Lawyer or Public Attorney’s Office; barangay first where conciliation applies

Where both parties are individuals living in the same city or municipality, a money or property dispute generally goes to barangay conciliation before court, subject to exceptions (Local Government Code, Secs. 408 and 412). If you cannot afford a lawyer, ask the Public Attorney’s Office whether you qualify for free assistance.

Your first action today: request a certified true copy of the title from the Registry of Deeds where the property is located, and compare it with the owner’s duplicate before you pay anything more.

Frequently asked questions

Is a deed of sale valid if it is not notarized?

Between the buyer and seller, a sale is generally valid once there is agreement on the property and price. But a sale of real property should be in a public instrument (Art. 1358), and an unnotarized deed cannot be registered, so it does not protect the buyer against third parties. Either party may compel the other to execute the proper public document (Art. 1357).

Can I buy land that has only a tax declaration and no title?

You can, but a tax declaration is not proof of ownership on its own, and the buyer inherits any defect in the seller’s claim. See land title vs tax declaration.

Do I need the seller’s spouse to sign if the title is in the seller’s name only?

Often yes. A title in one spouse’s name can still be community or conjugal property if it was acquired during the marriage. Check when and how the property was acquired, and get the spouse’s written conformity when in doubt.

Primary legal sources

Sources rechecked as of: October 4, 2026

This guide provides general Philippine legal information and is not legal advice for a particular transaction. Requirements of the BIR, the Registry of Deeds and local governments change; confirm current requirements with the office concerned before closing.

Before You Sign a Deed of Sale: A Buyer’s Checklist